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Exposing the Myths, Exploring the Solutions Ann Cavoukian, Ph.D. Information & Privacy Commissioner/Ontario Privacy & Security: Seeking the Middle Path 5 th Annual Privacy & Security Workshop October 28-29, 2004 University of Toronto Government Surveillance

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Exposing the Myths, Exploring the Solutions

Ann Cavoukian, Ph.D.

Information & Privacy Commissioner/Ontario

Privacy & Security: Seeking the Middle Path

5th Annual Privacy & Security Workshop

October 28-29, 2004

University of Toronto

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Government Surveillance

“People will not trust government if there is excessive secrecy. And they will get increasingly anxious about a 'surveillance society' if they cannot be confident that information about their private lives is being handled properly.”

Richard Thomas,

UK Information Commissioner

January 2003

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”No-fly” lists

Be prepared not to know

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Where are we now: U.S.

  • Biometrics in travel documents now a given

    • Enhanced Border Security & Visa Entry Reform Act

    • International Civil Aviation Organization (ICAO) adopted a three pronged approach for travel documents: Facial recognition (the global base), fingerprint & iris scans

    • U.S. VISIT Program requires countries to have biometrics to remain in Visa Waiver program

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Where are we now: U.S. part II

  • CAPPSII dead

    • Reasons cited: lack of airline data for testing, law suits against airlines, privacy concerns, failure to address 7 out of 8 Congressional requirements

  • Secure Flight new screening tool

    • Government, not airlines, to compare passengers to no-fly and watch lists

    • TSA assures reduction of false positives (current 15% pull-overs to drop to 5% of passengers)

    • 30 day test began in September of Secure Flight

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Secure Flight

  • Redress process to be instituted, Senator Edward Kennedy had to call DHS Secretary Tom Ridge to clear his name

  • Multi-stage process ending in review by DHS Chief Privacy Officer: Nuala Kelly O’Connor

  • New level of transparency, with crucial documents for public view

  • Senate has required DHS to report on privacy impact of this action

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Where are we Now: Canada

  • CANPASS-Air uses iris scanning for identity check

  • RCMP working with ISO to ensure fingerprint biometric interoperability

  • Gov’t compiling no-fly lists to be used by airline agents for domestic flights, to notify Transport Canada of ‘immediate threats’

  • No redress policy appears to be available

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Are we losing Balance?

“Public safety is paramount but

balanced against privacy”

  • Security measures must be real, not illusory

  • New powers must be studied and measured to determine effectiveness and utility

  • Are new security powers truly necessary or are existing ones not fully utilized or effectively deployed?



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Anti-Terrorism Laws– Why be Concerned?

  • General Issues:

    • Expanded scope of domestic surveillance

    • Lack of justification

    • Weakening Judicial Controls

    • Lack of Oversight

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STEPS: Revisted

  • Terrorist attacks 9/11

  • Government concerns over public safety

  • Patriot and anti-terrorist legislation

  • Polarized debate for Security/Privacy

  • Resurgence of Privacy concerns by public

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Still Need a Shift in Paradigms

  • The Old Paradigm: Zero Sum Game

  • The New Paradigm:

    Security + Privacy = Democracy

  • Privacy and Security are both necessary components: both are essential to freedom and liberty

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The Challenge forPrivacy Experts

  • Expand the discourse: Privacy and Security are not polar opposites

  • Engage government and industry in demonstration projects to promote STEPs

  • http://www.ipc.on.ca/docs/steps.pdf

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The Challenge for Solution Developers

  • Introduce privacy into the concept, design and implementation of technology solutions

  • Recognize and promote existing STEP solutions:

    • 3-D Holographic Scanner: respecting physical privacy while enhancing security

    • Biometric encryption

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The Challenge for Governments

  • Develop the privacy requirements for technology:

    • Use the 3-D Holographic Scanner Paradigm for IT design requirements.

    • Avoid equating security with privacy.

    • Put the ‘ terrorist attack fear factor’ in context of other threats to citizens.

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The Discussion Today

  • How is privacy fairing in the national security arena?

  • What are the issues we face?

  • What is the road ahead?

  • What can we do?

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How to Contact Us

Ann Cavoukian, Ph.D.

Information & Privacy Commissioner/Ontario

2 Bloor Street West, Suite 1400

Toronto, Ontario M4W 1A8

Phone:(416) 326-3333


E-mail:[email protected]